Abstract

This article analyses the majority and minority positions in the Constitutional Courtâ€™s Glenister v President of the Republic of South Africa and Others decision. It will identify the main differences in approach to the issue of the political â€˜independenceâ€™ of an investigative agency such as the Directorate for Priority Crime Investigation (the Hawks), and its predecessor, the Directorate of Special Operations (Scorpions). The article assesses what â€˜room for manoeuvreâ€™ in terms of possible legislation the majority judgment leaves to the South African parliament. The Courtâ€™s approach and these apparent requirements are compared with current provisions for political â€˜independenceâ€™ of anti-corruption agencies in Australia and Indonesia, raising, in particular, an assessment of the arguments for and against (a) the need for an anti-corruption investigative agency to be separate from the â€˜regularâ€™ police and prosecution service; and (b) the proposition that an anti-corruption investigative agency requires a higher level of political independence than the â€˜regularâ€™ police service(s). It also looks at issues of cost and effectiveness in establishing and maintaining dedicated independent anti-corruption agencies.

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